Perhaps the conditions are right for a coalition drawn from employees, employers, and government representatives to wrestle the FLSA into the 21st century.
The U.S. Department of Labor has appealed last week's court order that prevented the salary-related changes in the FLSA's "white collar" exemptions from taking effect today.
Care and reflection are essential in deciding what to do in light of yesterday's ruling halting the salary-related "white collar" exemption changes.
Notwithstanding incomplete or over-simplified U.S. Department of Labor "guidance", employers should recognize that the FLSA overtime regular rate will almost always vary as the overtime hours worked in a workweek vary.
South Carolina employers' preparations for changes in the FLSA's "white collar" exemption regulations must take into account the state's law requiring advance notice of modifications in an employee's pay plan.
Donald Trump's election does not mean that employers may now ignore the coming changes in the federal Fair Labor Standards Act's "white collar" definitions.
"Guidance" offered by the U.S. Labor Department appears to be misleading employers into thinking that they can comply with the FLSA's overtime requirements by paying a "fixed salary" that "includes" FLSA overtime wages for varying numbers of overtime hours worked.
Some might find U.S. Labor Department "Fact Sheets" to be useful summaries or overviews in evaluating exemption status, but these materials are not themselves the definitions of exempt status under the FLSA's Section 13(a)(1).
Employers who are currently relying upon a "highly compensated" version of the FLSA's white-collar exemptions should carefully consider the 2016/2017 transitional implications of the higher "total annual compensation" dollar amount that goes into effect on December 1.
Overlooking or permitting substandard work can make it harder to defend against claims that an employee should not have been treated as exempt.